SENATE/HOUSE FILE _____

BY  (PROPOSED GOVERNOR’S BUDGET BILL)

A BILL FOR

An Act relating to the compensation and benefits for public officials and employees, providing for related matters, and making appropriations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  APPOINTED STATE OFFICERS.
   1.  The governor shall establish a salary for appointed nonelected persons in the executive branch of state government holding a position enumerated in the section of this Act that addresses the salary ranges of state officers within the range provided, by considering, among other items, the experience of the individual in the position, changes in the duties of the position, the incumbent’s performance of assigned duties, and subordinates’ salaries. However, the attorney general shall establish the salary for the consumer advocate, the supreme court shall establish the salary for the state court administrator, the ethics and campaign disclosure board shall establish the salary of the executive director, and the Iowa public broadcasting board shall establish the salary of the administrator of the public broadcasting division of the department of education, each within the salary range provided in the section of this Act that addresses the salary ranges of state officers.
   2.  The governor, in establishing salaries as provided in this section, shall take into consideration other employee benefits which may be provided for an individual including but not limited to housing.
   3.  A person whose salary is established pursuant to this section and who is a full-time, year-round employee of the state shall not receive any other remuneration from the state or from any other source for the performance of that person’s duties unless the additional remuneration is first approved by the governor or authorized by law. However, this provision does not exclude the reimbursement for necessary travel and expenses incurred in the performance of duties or fringe benefits normally provided to employees of the state.
   Sec. 2.  STATE OFFICERS—— SALARY RANGE.  The following annual salary ranges are effective for the positions specified in this section for the fiscal years beginning July 1, 2011, and July 1, 2012, and for subsequent fiscal years until otherwise provided by the general assembly. The governor or other person designated in the section of this Act relating to appointed state officers shall determine the salary to be paid to the person indicated at a rate within this salary range from funds appropriated by the general assembly for that purpose.
   1.  The following are salary ranges for appointed state officers for the fiscal year beginning July 1, 2011, effective with the pay period beginning June 24, 2011, and for the fiscal year beginning July 1, 2012, effective with the pay period beginning June 22, 2012:
   SALARY RANGE                      Minimum                            Maximum
   a.  Range 3$ 55,380                            $ 84,750
   b.  Range 4$ 63,690                            $ 97,460
   c.  Range 5$ 73,250                            $112,070
   d.  Range 6$ 84,240                            $128,890
   e.  Range 7$100,840                            $154,300
   2.  The following are range 3 positions: executive director of the department of veterans affairs, and chairperson and members of the employment appeal board of the department of inspections and appeals.
   3.  The following are range 4 positions: director of the department of human rights, director of the Iowa state civil rights commission, executive director of the college student aid commission, director of the department for the blind, executive director of the ethics and campaign disclosure board, chairperson and members of the public employment relations board, and chairperson, vice chairperson, and members of the board of parole.
   4.  The following are range 5 positions: administrator of the division of homeland security and emergency management of the department of public defense, state public defender, drug policy coordinator, labor commissioner, workers’ compensation commissioner, director of the department of cultural affairs, director of the department on aging, and director of the law enforcement academy.

   5.  The following are range 6 positions: superintendent of banking, superintendent of credit unions, administrator of the alcoholic beverages division of the department of commerce, director of the department of inspections and appeals, commandant of the Iowa veterans home, commissioner of public safety, commissioner of insurance, executive director of the Iowa finance authority, director of the department of natural resources, consumer advocate, and chairperson of the utilities board. The other members of the utilities board shall receive an annual salary within a range of not less than 90 percent but not more than 95 percent of the annual salary of the chairperson of the utilities board.
   6.  The following are range 7 positions: administrator of the public broadcasting division of the department of education, director of the department of corrections, director of the department of education, director of human services, executive director of the Iowa telecommunications and technology commission, executive director of the state board of regents, director of transportation, director of the department of workforce development, director of revenue, director of public health, state court administrator, director of the department of management, director of the department of administrative services, chief information officer, and state debt coordinator.
   Sec. 3.  COLLECTIVE BARGAINING AGREEMENTS FUNDED.  The various state departments, boards, commissions, councils, and agencies, including the state board of regents, for the fiscal years beginning July 1, 2011, and July 1, 2012, shall provide from available sources pay adjustments, expense reimbursements, and related benefits to fully fund the following:
   1.  The collective bargaining agreement negotiated pursuant to chapter 20 for employees in the blue collar bargaining unit.
   2.  The collective bargaining agreement negotiated pursuant to chapter 20 for employees in the public safety bargaining unit.

   3.  The collective bargaining agreement negotiated pursuant to chapter 20 for employees in the security bargaining unit.
   4.  The collective bargaining agreement negotiated pursuant to chapter 20 for employees in the technical bargaining unit.
   5.  The collective bargaining agreement negotiated pursuant to chapter 20 for employees in the professional fiscal and staff bargaining unit.
   6.  The collective bargaining agreement negotiated pursuant to chapter 20 for employees in the clerical bargaining unit.
   7.  The collective bargaining agreement negotiated pursuant to chapter 20 for employees in the professional social services bargaining unit.
   8.  The collective bargaining agreement negotiated pursuant to chapter 20 for employees in the community-based corrections bargaining unit.
   9.  The collective bargaining agreements negotiated pursuant to chapter 20 for employees in the judicial branch of government bargaining units.
   10.  The collective bargaining agreement negotiated pursuant to chapter 20 for employees in the patient care bargaining unit.
   11.  The collective bargaining agreement negotiated pursuant to chapter 20 for employees in the science bargaining unit.
   12.  The collective bargaining agreement negotiated pursuant to chapter 20 for employees in the university of northern Iowa faculty bargaining unit.
   13.  The collective bargaining agreement negotiated pursuant to chapter 20 for employees in the state university of Iowa graduate student bargaining unit.
   14.  The collective bargaining agreement negotiated pursuant to chapter 20 for employees in the state university of Iowa hospital and clinics tertiary health care bargaining unit.
   15.  The annual pay adjustments, related benefits, and expense reimbursements referred to in the sections of this Act addressing noncontract state and state board of regents employees who are not covered by a collective bargaining agreement.
   Sec. 4.  NONCONTRACT STATE EMPLOYEES—— GENERAL.
   1.
  a.  For the fiscal year beginning July 1, 2011, and ending June 30, 2012, the maximum and minimum salary levels of all pay plans provided for in section 8A.413, subsection 3, as they exist for the fiscal year ending June 30, 2011, shall be increased by 2 percent for the pay period beginning June 24, 2011. The maximum and minimum salary levels of all pay plans provided for in section 8A.413, subsection 3, as they exist on December 22, 2011, shall be increased by 1 percent for the pay period beginning December 23, 2011, and any additional changes in the pay plans shall be approved by the governor.
   b.  For the fiscal year beginning July 1, 2012, and ending June 30, 2013, the maximum and minimum salary levels of all pay plans provided for in section 8A.413, subsection 3, as they exist for the fiscal year ending June 30, 2012, shall be increased by 2 percent for the pay period beginning June 22, 2012. The maximum and minimum salary levels of all pay plans provided for in section 8A.413, subsection 3, as they exist on December 20, 2012, shall be increased by 1 percent for the pay period beginning December 21, 2012, and any additional changes in the pay plans shall be approved by the governor.
   2.  For the fiscal years beginning July 1, 2011, and July 1, 2012, employees may receive a step increase or the equivalent of a step increase. This subsection does not apply to employees described in subsection 3.
   3.  Notwithstanding the increase in subsection 1, for the fiscal year beginning July 1, 2011, salary levels in the pay plan for noncontract judicial branch employees, as they exist for the fiscal year ending June 30, 2011, shall be increased by 2 percent for the pay period beginning June 24, 2011. Notwithstanding the increase in subsection 1, for the fiscal year beginning July 1, 2012, salary levels in the pay plan for noncontract judicial branch employees, as they exist for the fiscal year ending June 30, 2012, shall be increased by 2 percent for the pay period beginning June 22, 2012.
   4.  The pay plans for state employees who are exempt from chapter 8A, subchapter IV, and who are included in the department of administrative service’s centralized payroll system shall be increased in the same manner as provided in subsection 1, and any additional changes in any executive branch pay plan shall be approved by the governor.
   5.  This section does not apply to members of the general assembly, board members, commission members, persons whose salaries are set by the general assembly pursuant to this Act or are set by the governor, or other persons designated in the section of this Act addressing appointed state officers, employees designated under section 8A.412, subsection 5, and employees covered by 11 IAC 53.6(3).
   6.  The pay plans for the bargaining eligible employees of the state shall be increased in the same manner as provided in subsection 1, and any additional changes in such executive branch pay plans shall be approved by the governor. As used in this section, “bargaining eligible employee” means an employee who is eligible to organize under chapter 20, but has not done so.
   7.  The policies for implementation of this section shall be approved by the governor.
   Sec. 5.  STATE EMPLOYEES—— STATE BOARD OF REGENTS.  For the fiscal years beginning July 1, 2011, and July 1, 2012, funds shall be provided from available sources of the state board of regents for funding of collective bargaining agreements for state board of regents employees covered by such agreements and for the following state board of regents employees not covered by a collective bargaining agreement:
   1.  For regents merit system employees and merit supervisory employees to fund for the fiscal year increases comparable to those provided for similar contract-covered employees in this Act.

   2.  For faculty members and professional and scientific employees to fund for the fiscal year percentage increases comparable to those provided for contract-covered employees in the university of northern Iowa faculty bargaining unit.
   Sec. 6.  BONUS PAY.  For the fiscal years beginning July 1, 2011, and July 1, 2012, employees of the executive branch, judicial branch, and legislative branch shall not receive bonus pay unless otherwise authorized by law, required pursuant to a contract of employment entered into before July 1, 2011, or required pursuant to a collective bargaining agreement. This section does not apply to employees of the state board of regents. For purposes of this section, “bonus pay” means any additional remuneration provided an employee in the form of a bonus, including but not limited to a retention bonus, recruitment bonus, exceptional job performance pay, extraordinary job performance pay, exceptional performance pay, extraordinary duty pay, or extraordinary or special duty pay, and any extra benefit not otherwise provided to other similarly situated employees.
   Sec. 7.  SPECIAL FUNDS.  For the fiscal years beginning July 1, 2011, and July 1, 2012, salary adjustments otherwise provided for in this Act may be funded using departmental revolving, trust, or special funds for which the general assembly has established an operating budget, provided doing so does not exceed the operating budget established by the general assembly.
   Sec. 8.  FEDERAL FUNDS APPROPRIATED.  For the fiscal years beginning July 1, 2011, and July 1, 2012, all federal grants to and the federal receipts of the agencies affected by this Act which are received and may be expended for purposes of this Act are appropriated for those purposes and as set forth in the federal grants or receipts.
   Sec. 9.  STATE TROOPER MEAL ALLOWANCE.  For the fiscal years beginning July 1, 2011, and July 1, 2012, the sworn peace officers in the department of public safety who are not covered by a collective bargaining agreement negotiated pursuant to chapter 20 shall receive the same per diem meal allowance as the sworn peace officers in the department of public safety who are covered by a collective bargaining agreement negotiated pursuant to chapter 20.
   Sec. 10.  SALARY MODEL ADMINISTRATOR.  The salary model administrator shall work in conjunction with the legislative services agency to maintain the state’s salary model used for analyzing, comparing, and projecting state employee salary and benefit information, including information relating to employees of the state board of regents. The department of revenue, the department of administrative services, the five institutions under the jurisdiction of the state board of regents, the judicial district departments of correctional services, and the state department of transportation shall provide salary data to the department of management and the legislative services agency to operate the state’s salary model. The format and frequency of provision of the salary data shall be determined by the department of management and the legislative services agency. The information shall be used in collective bargaining processes under chapter 20 and in calculating the funding needs contained within the annual salary adjustment legislation. A state employee organization as defined in section 20.3, subsection 4, may request information produced by the model, but the information provided shall not contain information attributable to individual employees.
EXPLANATION
   This bill relates to the funding for the fiscal years beginning July 1, 2011, and July 1, 2012, of salary increases for appointed nonelected officers, employees subject to collective bargaining agreements, certain noncontract employees, and board of regents employees.
   The bill updates the appointed state officers listed under the salary ranges for appointed state officers.
   For FY 2011-2012, the maximum and minimum salary levels of pay plans for noncontract state employees shall be increased by 2 percent for the pay period beginning June 24, 2011, and shall be increased by an additional 1 percent for the pay period beginning December 23, 2011. For FY 2012-2013, the maximum and minimum salary levels of pay plans for noncontract state employees shall be increased by 2 percent for the pay period beginning June 22, 2012, and shall be increased by an additional 1 percent for the pay period beginning December 21, 2012. For FY 2011-2012 and 2012-2013, employees may receive a step increase or the equivalent of a step increase. For FY 2011-2012, salary levels for noncontract judicial branch employees shall be increased by 2 percent for the pay period beginning June 24, 2011. For FY 2012-2013, salary levels for noncontract judicial branch employees shall be increased by 2 percent for the pay period beginning June 22, 2012.
   The bill prohibits bonus pay for employees of the executive branch except for employees of the state board of regents, the judicial branch, and the legislative branch, unless the bonus pay is otherwise authorized by law, required pursuant to an employment contract entered into before July 1, 2011, or required pursuant to a collective bargaining agreement.
   A supplemental authorization is provided to fund salaries from trust, revolving, and special funds for which the general assembly has established a budget.
   The bill appropriates all federal grants to and the federal receipts of the agencies affected by this bill which are received and are expended for purposes of this bill.
   The bill requires sworn peace officers in the department of public safety who are not covered by a collective bargaining agreement to receive the same per diem meal allowance as the sworn peace officers covered by a collective bargaining agreement.
   The salary model administrator is required to work in conjunction with the department of management and the legislative services agency to analyze, compare, and project state salary and benefit information.